DeRose v Manor Serv. Sta., Inc. (2006 NY Slip Op 07823)

DeRose v Manor Serv. Sta., Inc.

2006 NY Slip Op 07823 [33 AD3d 568]

October 31, 2006

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, December 13, 2006

Louis DeRose, Respondent,
v
Manor Service Station, Inc., et al., Appellants.

—[*1]Appeal from order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered November 4, 2005, which denied defendants' motion to reargue a prior order, unanimously dismissed, without costs.

No appeal lies from denial of a motion to reargue (see e.g. Mercado v New York Univ., 29 AD3d 496 [2006]). The record does not support defendants' claim that the court granted reargument but adhered to its prior determination. Concur—Saxe, J.P., Sullivan, Williams, Gonzalez and Catterson, JJ.